Terms & Conditions - SR Concrete Pumping & HIAB Haulage

All advice and information is given in good faith. We guarantee the consistent quality of our service; however, it is important that the purchaser satisfies themselves that they have chosen an appropriate service and use a suitably skilled workforce.
S R Mini Loads ltd shall not be liable to the purchaser or deemed to be in breach of contract by reason of any delay in performing any of our obligation in relation to the goods or service if delay or failure was due to any cause beyond our reasonable control including but not limited to

(a)        Act of God
(b)        War or threat of war, sabotage, insurrection, civil disturbance or requisition
(c)        Difficulties in obtaining raw material, labour, fuel part or machinery
(d)        Power failure or breakdown in machinery
(e)        Import or export regulations or embargoes
(f)         Acts of restriction, regulation, byelaws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority
(g)        Strikes, lockout or other industrial actions or trade dispute

S R Mini Loads ltd shall not be liable for any direct or consequential losses of any description incurred by the purchaser as a result of any failure fault in the goods, or for any damages or personal injuries or other losses, howsoever caused, and the purchaser must ensure that they have adequate and appropriate insurance to indemnify us.

The purchaser is deemed to be fully conversant with the nature and performance of the goods or service, including any harmful or hazardous effects arising from their usage.

S R Mini Loads ltd reserve the right to accept or refuse any order given on the basis of its quotations and no damages or expenses of any kind shall be payable by S R Mini Loads ltd.

5. Account holders: payment is due for settlement on the last day of the month following invoice of service

(a) If any payments is not made by due date then without prejudice to any other right or remedy available to us we shall be entitled to charge interest on the payment at the rate of 3% per month or part month. Payment requires the successful transfer of fund to S R Mini loads whether by cleared cheque, BACS or credit/debit card.

(b) If the purchaser has a petition presented for winding-up or passes a resolution of voluntary winding-up or has a receiver appointed or becomes bankrupt or insolvent or enters into any arrangement with its creditors, then without prejudice to any other right or remedy available to us, we shall be entitled to immediate payment and to enter upon any premises of the purchaser or any third party.

Risk in the service shall pass to the purchaser when the service has been delivered by the purchaser or its agent.

Any stipulation or conditions on a purchaser’s order form shall be deemed to be inapplicable

Company Address;

S R Mini Loads LTD

Sunset, Landcross, Bideford, EX39 5JA

SUPPLEMENTARY CONDITIONS APPLICABLE TO CONCRETE PUMPING

TO BE READ IN CONJUNCTION WITH THE CPA MODEL CONDITIONS FOR THE HIRING OF PLANT

EXPLANATORY NOTE: These Supplementary Conditions are used, partly, to raise the awareness of the Hirer’s responsibility when requiring a concrete pumping operation; and, to define contractually the extent of the Owner’s and Hirer’s responsibilities as between themselves. For the avoidance of doubt, when the hire is subject to the CPA’s Model Conditions for the Hiring of Plant 2021 (“CPA’s Model Conditions”), the Owner is not a specialist subcontractor and/or a subcontractor of the Hirer. The Owner will supply Plant pursuant to the CPA Model Conditions together with these Supplementary Conditions to form the Contract between the Owner and the Hirer.

1.DEFINITIONS AND INTERPRETATIONS

1.1 These Supplementary Conditions are applicable to the hire of concrete pumps and associated Plant only (“Pump”) and shall be referred to as the “Supplementary Conditions”.

1.2 Unless the context suggests otherwise words and terms in the Supplementary Conditions shall have the same meaning as in the CPA Model Conditions.

1.3 If any conflict shall appear between any provisions of the Supplementary Conditions and the provisions of the CPA Model Conditions then the former shall prevail.

RESPONSIBILITIES OF THE HIRER

CONCRETE SUPPLY

The Hirer is solely responsible for the provision of a supply of a suitable and sufficient supply of concrete of a consistency, which is readily pumpable at a suitable rate. The Hirer shall be responsible for informing the Owner of the nature and extent of any additives that may be incorporated into the concrete. The Owner accepts no responsibility for delays in output arising from the Hirer’s failure in this respect. The Hirer is also solely responsible for ensuring that the concrete supplied is of a quality and strength suitable and sufficient for their purposes.

MANAGEMENT OF THE CONCRETE PUMPING OPERATION

The Hirer will be fully responsible for the management of the entire pumping operation in accordance with the terms of the Contract. The Hirer shall provide at their own expense and ensure that a competent supervisor is in attendance at the beginning, throughout and at the end of the pumping operation to assist the operator.

SAFETY

A safe system of work will be established by the Hirer and this must be followed for each concrete pumping operation under the Construction Plant-hire Association’s Best Practice Guide for the Safe Use of Concrete Pumps, and in accordance with British Standard 8476:2007 or subsequent amendments, whether it is for an individual pour or a series of pours.

FACILITIES

The Hirer shall provide the following facilities without charge to the Owner for such times as is reasonably required during the Hire Period:

5.1 Cement for grouting the pipelines at the rate of 50kg per 20 metres between the Pump and the point of discharge.

5.2 An adequate piped water supply at the Pump position.

5.3 Temporary light at the Pump position and along the pipeline when required.

5.4 Facilities for washing out the Pump and adequate assistance in cleaning any spillage. The Hirer is responsible for the removal of concrete and waste cementations’ water. This must be done in compliance with all current environmental legislation and guidance. © Copyright of the Construction Plant-hire Association 2021

5.5 The Hirer must indemnify the Owner should any such event occur in which the Pump will operate, including but not limited to concrete/oil spillages whether resulting from a burst pipe, overspray, dripping, or boom movement. The Hirer must adequately protect the surrounding areas in which the Pump will operate.

5.6 The Hirer shall ensure that sufficient competent labour is made available to assist the Operator prior to pumping, during pumping and on completion of pumping; and if necessary when the pump leaves the site of operations.

5.7 Any additional labour required in respect of pipeline erection or dismantling.

5.8 Suitable supports for pipelines and anchorage points for vertical pipelines.

5.9 All access scaffold and ladders necessary for the safe and proper execution and progress of the work. The Owner has not included the cost of providing, erecting or moving any necessary scaffold. 5.10 In addition to clauses 3, 4 and 5.7 of these conditions, the Hirer will provide appropriate personnel to a) guide the pump during manoeuvring activities within the pump and washout position exclusion zone and b) guide supporting (mixer) vehicles into and from the discharge position whilst within the exclusion zone. The Hirer shall further arrange or ensure safe access and egress for the pump and supporting vehicles from the site entrance to the pump position exclusion zone and vice-versa.

5.11 The Hirer is responsible for planning the time taken to carry out the pour. If this is extended past normal working hours as defined in clause 1(h) of the CPA Model Conditions, provision must be made for relief operators. These must normally be booked in advance of the pour, with adequate written notice and any additional costs passed on to the Hirer.

GROUND CONDITIONS

The Hirer shall provide and shall clearly indicate to the Owner’s operator the suitable points where the Pump pipeline is to be set up. Without prejudice to Clause 7 of the CPA Model Conditions the Hirer shall be entirely responsible for the ground upon which the Pump is to traverse and set up. The Hirer shall be fully liable to the Owner for any damage to the Pump caused by ground conditions and shall indemnify the Owner and hold the Owner harmless against any liability, expense, loss or damage caused by ground conditions.

PUMP CAPACITY

In the event that the Contract specifies a particular type of Pump, the Owner reserves the right to supply a suitable alternative Pump to that specified. Acceptance of the Pump on site shall be acceptance of the variation of the Contract in respect of the Pump supplied and the Owner shall have no liability to the Hirer in respect of that variation.

BLOCKAGES

Any concrete blockage or chock either within the Pump machine or pipeline will not be construed as a breakdown under Clause 9 of the CPA Model Conditions and/or the Contract.

PREPARATION / COMPLETION OF PUMPING

9.1 The Hirer shall allow the pump sufficient time, normally a minimum of, but not limited to, sixty minutes, before it is ready to commence pumping and to allow sufficient time after it has ceased the pumping operation to de-rig, wash out and prepare for travel. These periods of time will be charged at the working rate as agreed.

9.2 Concrete shall not be delivered to site until such time as the Pump operator deems that they are ready to commence pumping operations.

9.3 If the Pump is delayed in leaving the site, which is outside the Owner’s control, this period will be charged at normal working rate to the Hirer.

INSURANCE

The Hirer shall have adequate insurance to comply with its liabilities under the Contract. The Owner reserves the right at any reasonable time to require confirmation and evidence that the Hirer is complying with its insurance obligations. © Copyright of the Construction Plant-hire Association 2021

DELIVERY AUTHORISATION

The Hirer shall provide a competent person to sign any delivery docket presented in respect of the delivery of any concrete and/or materials pertinent to the pumping operation.

CONTINUING HIRE

The Hirer’s order is accepted on the basis that the Hirer will book their requirements on a daily basis in accordance with such arrangements as may from time to time be agreed between the Owner and the Hirer. One clear Working Day’s minimum notice of cancellation is required, and the Owner reserves the right to charge the Hirer for any loss incurred due to insufficient notice being given.

CANCELLATION

We require confirmation 48 hours in advance. Cancellation charges will apply at half day minimum charge after 13.00pm 48 hours prior to pour once confirmation has been taken. Cancellation on the day of the pour will incur full minimum hire charge for the respective machine. Cancellations must be made Via telephone call between the hours of 07.30am to 17.00pm.

ASSESSMENT

Unless otherwise agreed the quantities of concrete pumped by the Pump shall be assessed (except to the extent that the Owner shall show that any such assessment is not reasonably accurate) by the reference (in the case of ready mixed concrete) to its supplier’s delivery dockets and (in the case of site mixed concrete) to the quantity of concreting materials used by the Hirer and to the mix-proportions on which the Hirer has based his production of concrete. Where assessment is made by reference to mix-proportions the Hirer shall afford the Owner all such facilities as the Owner may reasonably require for the verification of quantities of material used and of the accuracy of the mix-proportion figures. Concrete mix designs that are not considered to be standard, for example but not limited to, Heavy weight/Steel fibre/High-strength/Rapid hardening/Low carbon, or very high-volume pours, may be assessed for additional costs after completion of the hire and additional charges levied to the Hirer.

WORKING DAY

The Hirer shall be charged for the full Working Day, including any lunch and rest breaks taken by the Driver or Operator or any person supplied by the Owner.

RESPONSIBILITIES OF OWNER

SAFETY

The Owner shall be responsible for compliance with the Construction Plant-hire Association’s Best Practice Guide for the Safe Use of Concrete Pumps and where appropriate British Standard 8476:2007 or subsequent amendments.

DELIVERY

Any dates specified by the Hirer and/or the Owner for delivery of the Pump are estimates only and time for delivery shall not be made of the essence by notice. If no dates for delivery are so specified, delivery shall be within a reasonable time

We reserve the right to charge for site visits

All prices quoted are subject to the currant rates of VAT

Please note we cannot guarantee the same inducted pump operator or machine per pour.

Further information;

Travel is charged on discretion. If the travel takes over an hour to site and hour back. There will be additional changes, but this does depend on the length of time the pump is being used on the day as well.

All our operators are CPCS qualified.

Mixer Hire

1 INTERPRETATION

1.1 In these conditions the following words have the following meanings:

“Contract” means a contract which incorporates these conditions and made between you and us for the hire of Hire Goods;

“Deposit” means any advance payment required by us in relation to the Hire Goods which is to be held by us as security;

“Force Majeure” means any event outside a party’s reasonable control including but not limited to acts of God, war, flood, fire, lightening, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events;

“Hire Goods” means any machine, article, tool and/or device, together with any accessories specified in a Contract which are hired to you;

“Hire Period” means the period commencing when you hold the Hire Goods on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following events: (i) the physical return of the Hire Goods by you into our possession; or (ii) the physical repossession or collection of Hire Goods by us;

“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;

“Rental” means our charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period;

“Services” means the services and/or work (if any) to be performed by us for you in conjunction with the hire of Hire Goods including any delivery and/or collection.

“Waiver” means the waiver cover for accidental damage of loss to the Hire Goods supplied by us to you at an additional Rental and subject to the exclusions and full Waiver terms and conditions of the SR Mini loads Ltd Businesses currently in force;

“We” or “us” means any member company of SR Mini Loads Ltd c, as specified in the Contract and will include its employees, agents and/or duly authorised representatives;

“You” means the person, firm, company or other organisation hiring Hire Goods, and “your” shall be construed accordingly;

2 BASIS OF CONTRACT

2.1 Hire Goods are hired subject to them being available for hire at the time required by you. We will not be liable for any loss suffered by you because the Hire Goods are unavailable for hire where this is due to circumstances beyond our control.

2.2 This Contract is not a consumer hire agreement as defined by Article 60N of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001. You will not have the benefit of the protection and remedies that would be available to you under the Financial Services and Markets Act 2000 or under the Consumer Credit Act 1974 if this Contract were a regulated agreement under those Acts. If you are in any doubt as to the consequences of this Contract not being regulated by the Financial Services and Markets Act 2000 or the Consumer Credit Act 1974 then you should seek independent legal advice.

2.3 If you are entering into this Contract as an individual or for or on behalf of a partnership, the Hire Period shall not exceed 3 months and this Contract shall be deemed to have automatically terminated 3 months after the commencement date of the Hire Period.

2.4 Nothing in this Contract shall exclude or limit any of your statutory rights to the extent they may not be excluded or limited because you are acting as a consumer. Where you are acting as a consumer any provision which is marked with an asterisk (*) may, subject to determination by the Courts or any applicable legislation, have no force or effect and if any provision is under the applicable law of the Contract unenforceable in whole or in part or shall have no force or effect the Contract shall be deemed not to include such provisions but this shall not affect the enforceability of the remainder of the Contract. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau.

3 PAYMENT

3.1 The amount of any Deposit, Rental and/or charges for any Services shall be as quoted to you or otherwise as shown in our current price list from time to time. Where a Deposit irequired, it must be paid in advance of you hiring the Hire Goods. We may also require an initial payment on account of the Rental in advance of you hiring the Hire Goods.

You shall pay to us the Rental, charges for any Services, and/or any other sums payable under the Contract at the time and in the manner agreed. Our prices are, unless otherwise stated, exclusive of any applicable VAT which you shall also be liable to pay.
Payments by you on time are an essential condition of the Contract. Payment shall not be deemed to be made until we have received either cash or cleared funds in respect of the full amount outstanding.

3.4 *If you fail to make any payment in full on the due date we may charge you interest (both before and after judgement) on the amount unpaid at the rate implied by law under the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable) or at the rate of 4% above the base rate from time to time of the Bank of England whichever is higher. This interest shall be compounded with quarterly rests.

3.5 *You shall pay all sums due to us without any set-off, deduction, counterclaim and/or any other withholding of monies.

3.6 We may set a reasonable credit limit for you. We reserve the right to terminate or suspend the Contract if allowing it to continue would result in you exceeding your credit limit or the credit limit is already exceeded.

3.7 We reserve the right to store your credit card details on our password protected customer account system and further reserve the right to use such details to collect payment for future Rentals made by you.

4 RISK OWNERSHIP AND INSURANCE

Risk in the Hire Goods will pass immediately to you when they leave our physical possession or control.
Risk in the Hire Goods will not pass back to us until they are back in our physical possession. This shall apply even if we have agreed to cease charging the Rental.
Ownership of the Hire Goods remains with us at all times. You have no right, title or interest in the Hire Goods except that they are hired to you.
We may provide our Waiver in respect of the Hire Goods at additional Rental. Alternatively you may arrange your own insurance of the Hire Goods on such reasonable terms and for such reasonable risks as we may specify. The proceeds of any such insurance shall be held by you in trust for us and be paid to us on demand. You must not compromise any claim in respect of the Hire Goods and/or any associated insurance without our written consent. We reserve the right to decline the Hire in the event that neither a Waiver nor suitable insurance is in place.

5 DELIVERY, COLLECTION AND SERVICES

5.1 It is your responsibility to collect the Hire Goods from us, (unless we are providing you with the delivery service), and return them to us at the end of the Hire Period. If we agree to deliver or collect the Hire Goods to and/or from you, we will do so at our standard delivery cost and such delivery and/or collection will form part of the Services.

5.2 Where we provide Services the persons performing the Services are deemed to be your servants or agents and they are under your direction and control. You shall be solely responsible for any instruction, guidance and/or advice given by you to any such person and for any damage which occurs as a result of such person following your instructions, guidance and/or advice except to the extent that such person is negligent.

5.3 You will allow and/or procure sufficient access to and from the relevant site and sufficient unloading space, facilities, equipment and access to power supplies and utilities for our employees, sub-contractors and/or agents to allow them to carry out the Services. You will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence. Where we agree to collect the Hire Goods you will, at the end of the Hire Period, ensure that the Hire Goods are left in a safe and accessible location for collection. We reserve the right to refuse to collect Hire Goods if we deem them to be in an unsafe and/or inaccessible location.

5.4 If any Services are delayed, postponed and/or cancelled due to you failing to comply with your obligations you will be liable to pay our additional standard charges from time to time for such delay, postponement and/or cancellation except where you are acting as a consumer and the delay is due to a Force Majeure event.

6 CARE OF HIRE GOODS

6.1 You shall:-

6.1.1 not remove any labels from and/or interfere with the Hire Goods, their working mechanisms or any other parts of them and take reasonable care of the Hire Goods and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to you;

6.1.2 notify us immediately after any breakdown, loss and/or damage to the Hire Goods;

6.1.3 take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks;

6.1.4 notify us of any change of your address and upon our request provide details of the location of the Hire Goods;

6.1.5 permit us at all reasonable times to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated;

6.1.6 keep the Hire Goods at all times in your possession and control and not remove the Hire Goods from the United Kingdom without our prior written consent;

6.1.7 be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hire Goods required by any legislation, best practice and/or operating instructions except to the extent that we have agreed to provide them as part of any Services;

6.1.8 not do or omit to do any thing which will or may be deemed to invalidate any policy of insurance related to the Hire Goods which is notified to you;

6.1.9 not continue to use Hire Goods where they have been damaged and will notify us immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person;

6.1.10 where the Hire Goods require fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Hire Goods are properly installed by a qualified and competent person; and

6.1.11 ensure that any employees, agents or contractors that operate the Hire Goods are, if applicable, adequately and sufficiently qualified and trained to operate the Hire Goods in accordance with all current and applicable legislation.

6.2 The Hire Goods must be returned by you in good working order and condition (fair wear and tear excepted) and in a clean condition together with all insurance policies, licences, registration and other documents relating to the Hire Goods.

7 BREAKDOWN

7.1 Allowance will be made in the Rental for any non-use of the Hire Goods due to breakdown caused by an inherent fault and/or fair wear and tear on condition that you inform us as soon as practicable of the breakdown and we are unable to repair or replace the Hire Goods within a reasonable time.

7.2 You shall be responsible for all expenses, loss (including loss of Rental) and/or damage suffered by us arising from any breakdown of the Hire Goods due to your negligence, misdirection and/or misuse of the Hire Goods.

7.3 We will at our cost carry out all routine maintenance and repairs to the Hire Goods during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Hire Goods. You will be responsible for the cost of all repairs necessary to Hire Goods during the Hire Period which arise otherwise than as a result of fair wear and tear, an inherent fault and/or our negligence while carrying out routine maintenance and/or repairs.

7.4 You must not repair or attempt to repair the Hire Goods unless authorised to do so by us in writing.

8 LOSS OR DAMAGE TO THE HIRE GOODS

8.1 If the Hire Goods are returned in damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault, you shall be liable to pay us for the cost of any repair and/or cleaning required to return the Hire Goods to a condition fit for re-hire and to pay the Rental, in accordance with clause 8.3, until such repairs and/or cleaning have been completed.

8.2 You will pay to us the new replacement cost of any Hire Goods, which are lost, stolen and/or damaged beyond economic repair during the Hire Period less the amount paid to us under any policy of insurance taken out in accordance with these conditions.

8.3 You shall pay the Rental up to and including the date you notify us that the Hire Goods have been lost, stolen and/or damaged beyond economic repair. From that date until we have replaced such Hire Goods you shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages equal to two thirds of the Rental that would have applied for such Hire Goods for that period. We shall use our reasonable commercial endeavours to purchase replacements for such Hire Goods as quickly as possible using the monies paid under clause 8.2.

9 TERMINATION BY NOTICE

9.1 If the Hire Period has a fixed duration, subject to clause 10 neither we nor you may terminate the Contract before the expiry of that fixed period unless you and we agree.

9.2 If the Hire Period does not have a fixed duration either you or we may terminate the Contract upon giving to the other party any agreed period of notice.

9.3 If no period of notice has been agreed or specified you may terminate the Hire Period by the physical return of the Hire Goods to us and we may terminate the contract by giving not less than 14 days’ notice to you.

10 DEFAULT

10.1 If you:-

10.1.1 fail to make any payment to us when due without just cause;

10.1.2 breach the terms of the Contract and, where the breach is capable of remedy, have not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;

10.1.3 persistently breach the terms of the Contract;

10.1.4 provide incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;

10.1.5 pledge, charge or create any form of security over any Hire Goods, or cease or threaten to cease to carry on business, or propose to compound with your creditors, create a trust deed for your creditors, apply for an interim moratorium in respect of claims and/or proceedings, any distress/diligence, execution or other legal process is levied on any of your property, have a Bankruptcy Petition/Petition for Sequestration presented against you or you take or suffer any similar action in any jurisdiction;

10.1.6 being a company, cease or threaten to cease to carry on business, enter into voluntary or compulsory liquidation, have a receiver, administrator or administrative receiver or in the Republic of Ireland an examiner appointed over all or any of your assets, any attachment order/arrestment is made against you, any distress, execution or other legal process is levied on any of your property or you take or suffer any similar action in any jurisdiction;

10.1.7 appear reasonably to us due to your credit rating to be financially inadequate to meet your obligations under the Contract; and/or

10.1.8 appear reasonably to us to be about to suffer any of the above events;

then we shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 10.2 below.

10.2 If any of the events set out in clause 10.1 above occurs in relation to you then:-

10.2.1 except where you are acting as a consumer we may enter, without prior notice, any of your premises (or premises of third parties with their consent) where Hire Goods may be and repossess any Hire Goods;

10.2.2 we may withhold the performance of any Services and cease any Services in progress under this and/or any other Contract with you;

10.2.3 we may immediately cancel, terminate and/or suspend without Liability to you the Contract and/or any other contract with you; and/or

10.2.4 *all monies owed by you to us shall immediately become due and payable.

10.3 Any repossession of the Hire Goods shall not affect our right to recover from you any monies due under the Contract and/or any damages in respect of any breach which occurred prior to repossession of the Hire Goods.

10.4 Upon termination of the Contract you shall immediately:

10.4.1 return the Hire Goods to us or make the Hire Goods available for collection by us as requested by us; and

10.4.2 pay to us all arrears for Rentals, charges for any Services, and/or any other sums payable under the Contract.

11 LIMITATIONS OF LIABILITY

11.1 *All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.

11.2 *If we are found to be liable in respect of any loss or damage to your property the extent of our Liability will be limited to the retail cost of replacement of the damaged property.

11.3 Any defective Hire Goods must be returned to us for inspection if requested by us before we will have any Liability for defective Hire Goods.

11.4 *We shall have no Liability to you if, without just cause, any monies due in respect of the Hire Goods and/or the Services has not been paid in full by the due date for payment.

11.5 We shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by your continued use of defective Hire Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to you.

11.6 You shall give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs and/or expenses in remedying the matter. If you do not do so we shall have no Liability to you.

11.7 *We shall have no Liability to you to the extent that you are covered by any policy of insurance arranged as a result of the Contract and you shall ensure that your insurers waive any and all rights of subrogation they may have against us.

11.8 We shall have no Liability to you for any of the following losses (whether direct or indirect):-

11.8.1 *consequential losses (including loss of profits and/or damage to goodwill);

11.8.2 economic and/or other similar losses;

11.8.3 special damages and indirect losses; and/or

11.8.4 business interruption, loss of business, contracts and/or opportunity.

11.9 *Our total Liability to you under and/or arising out of any Contract shall not exceed 5 times the amount of the Rental and charges for Services (if any) under that Contract or the sum of £1,000 (or Euro equivalent) whichever is the higher. To the extent that any Liability of us to you would be met by any insurance held by us then our Liability shall be extended to the extent that such Liability is met by such insurance.

11.10 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:

11.10.1 Liability for breach of contract;

11.10.2 *Liability in tort (including negligence); and

11.10.3 *Liability for breach of statutory and/or common law duty;

except clause 11.9 above which shall apply once only in respect of all the said types of Liability.

11.11 Nothing in this Contract shall exclude or limit our Liability for fraud, death or personal injury due to our negligence nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.

12 GENERAL

12.1 Upon termination of the Contract the provisions of clauses 3.2, 3.4, 3.5, 6, 8.1, 8.2 and 8.3 shall continue in full force and effect.

12.2 Each hire of an item of Hire Goods shall form a distinct Contract which shall be separate to any other Contract relating to other Hire Goods.

12.3 You shall be liable for the acts and/or omissions of your employees, agents, and/or subcontractors as though they were your own acts and/or omissions under this Contract.

12.4 *You agree to indemnify and keep indemnified us against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by us and arising from any breach of contract, any tortious/delictual act and/or omission and/or any breach of statutory duty by you.

12.5 *No waiver by us of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

12.6 We shall have no Liability to you for any delay and/or non performance of a Contract to the extent that such delay is due to any Force Majeure event. If we are affected by any such event then time for performance shall be extended for a period equal to the period that such event delayed such performance.

12.7 All third party rights are excluded and no third parties shall have any rights to enforce the Contract. This shall not apply to any finance company with whom we have an outstanding finance agreement relating to the Hire Goods. Such a finance company shall, subject to our consent, have the right to enforce this Contract as if they were us. This Contract is governed by and interpreted in accordance with English law and we and you agree to submit to the non-exclusive jurisdiction of the English courts.

13.CANCELLATION